Here in Romancelandia, we’ve had another kerfuffle that has left us a bit dumbfounded. It has been dubbed #cockygate, among other clever hastags. Seems an author is sending takedown notices to other authors who use the word “cocky” in their titles. This author is threatening legal action if they do not comply. You see, she has a registered trademark on the word. As you might imagine, this isn’t going to go well.
For those of you who haven’t watched this train wreck unfold, here are a few links for your amusement to get you up to date.
One by Legal Inspiration to help decipher what this means.
http://legalinspiration.com/?p=503
Here’s another post by The Digital Reader to show you first hand the goings-on.
One to a Twitter thread to a well-known, best-selling romance author, Courtney Milan, who also happens to have legal experience.
And now one of our own, who happens to know a thing or two about intellectual property being a lawyer, and all, is about to go after the author like a dog with a bone.
This is indeed a train wreck. If this trade mark holds up, what’s to stop others from doing the same? In your sidebar, there are two books that use the word Echoes in the title. I have a title with that word in it, too. Words get used; whole titles get used. That’s just the way it is. If readers are looking for my books, they look for my name on the cover. They don’t get confused and buy other books because of a word in the title. My readers, at any rate, are smarter than that.
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I see a reversal in the trademark. I just don’t see this sticking. What a mess that would create. For myself, my title “The Siren’s Song” is used on multiple books just in the romance genre. I have “kiss” in the title of two of my books. “Kiss” is a widely used word for titles. As is “heart”. Where would it end? The trademark office should be held more accountable for allowing such a thing to happen.
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I agree completely. If this is allowed, we’ll all run out of words to use.
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